s.365 - Application to deal with contraventions involving dismissal

Application to deal with contraventions involving dismissal - unpaid application fee - application is not made in accordance with this Act - application dismissed - s.587(1)(a).

• [1] On 29 September 2025 Mr Jose Manuel Rojas made an application to deal with contraventions involving dismissal under s.365 of the Fair Work Act 2009 (Cth).

• [2] For the reasons that follow I am satisfied that Mr Rojas' application has not been made in accordance with the Act and that it is appropriate to dismiss the application.

• [3] Mr Rojas' application was incomplete because he did not pay the required fee[1] or file a completed request to waive the fee.

• [4] Commission staff attempted to contact Mr Rojas on 7 and 13 October 2025, by email and text message. He was advised that if no response was received, his application may be dismissed because it has not been made in accordance with the Act. My Chambers emailed Mr Rojas on 28 October 2025 advising that the application fee has not been paid and if he does not contact the Commission by 5 November 2025 his application may be dismissed under s.587(1)(a). No response has been received, the fee has not been paid, and no waiver request has been received.

• [5] Mr Rojas has been given ample opportunity to rectify the deficiency in the application. He has not responded to multiple enquiries and warnings that his application may be dismissed. I am satisfied that Mr Rojas' application should be dismissed. I make the following order:

1. The application under s.365 of the Fair Work Act 2009 (Cth) made by Mr Jose Manuel Rojas on 29 September 2025 is dismissed.

[1] Section 395 of the Act.

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